KUALA LUMPUR, July 1 — Dancer Bilqis Hijjas expressed today relief upon her acquittal and discharge of insulting behaviour for releasing yellow balloons in a mall during an event attended by the prime minister nearly a year ago.
The daughter of prominent architect Hijjas Kasturi thanked the magistrate for her release from a charge over what she described as a “minor event” that was considered a crime.
“It is a very minor event and it is a very dangerous precedent when such a minor event can be considered a crime.
“And I think today's judgment is a hopeful gesture in a good direction,” said Bilqis, who has been dubbed “balloon girl” by the press, after she was cleared of wrongdoing by the magistrate’s court.
Eric Paulsen, one of two lawyers who defended Bilqis, said the legal team was very pleased with today’s judgment.
“From the very beginning, this case has been exaggerated beyond all comparison. It's a very minor event which has been exaggerated and here we are today.
“It goes to show that Malaysians have a right to protest peacefully,” he said.
He hoped the prosecution would not appeal the ruling, saying there are more serious issues that the authorities should focus on.
Earlier today, magistrate Mohd Faizal Ismail said the prosecution had failed to prove a prima facie case against Bilqis and discharged her without calling her to enter defence.
The magistrate ruled that the prosecution had failed to prove all three elements of the charge, as it was not shown that Bilqis' actions amounted to insulting behaviour, or that she had intent to provoke or that there was breach of peace.
Bilqis was charged last September 23 under Section 14 of the Minor Offences Act 1955.
She faced a maximum RM100 fine over alleged “insulting behaviour” with the purpose of inciting anger that may cause a disturbance of peace.
The charge did not specify who was alleged to have been insulted.
In the incident last August 31 at around 3.15pm at Pavilion, several yellow balloons printed with the words “Free media,” “Democracy” and “Justice” were said to have been released from the mall's fifth floor to the second floor where the Kuala Lumpur International Arts Festival's opening ceremony was held.
The balloons fell behind a large LCD screen measuring 20 by 30 feet that was placed behind a stage.
Prosecution witnesses testified that the entire event attended by the prime minister and his wife proceeded as scheduled despite the throwing of the yellow balloons, while event organiser Datin Sunita Mei-Lin Rajakumar had previously told the court that a five-minute video presentation at 3.15pm was not interrupted when the balloons fell.
During the trial, several of the prosecution’s witnesses had associated the yellow colour of the balloons to the two-day Bersih 4 rally last August 29 and August 30 by electoral reform group Bersih 2.0, where protesters had sought the prime minister’s removal.
